Berne Convention Part 2

Do US Property Concepts Prevent VARA from Implementing the Berne Convention ?
Zuckerman, Adrian & Sedore, Annemarie
Dublin University Law Journal
Volume 26, 2004 p.172

Restrictions on Copyright and their Abuse
HERMAN COHEN JEHORAM
European Intellectual Property Review
Volume 27, Issue 10, October 2005 p.359

Restrictions on copyright are as old as the rights themselves. In precise wordings they figure in the Berne Convention. A breakthrough came at the SLaw Journal / Law Reviewkholm Revision Conference, where the general three-step test was introduced in the Convention. This has since found wider application in the TRIPs Agreement and the WIPO Treaties of 1996. In the EU Copyright Directive of 2001 the formula of the text has been repeated, but its scope has radically changed. Here it does not address the national legislators, but the courts, which now have to apply the text in proceedings between private parties and thereby protect copyright owners against eventual abuses of copyright restrictions by greedy users.

THE BERNE CONVENTION AS A CANON OF CONSTRUCTION: MORAL RIGHTS AFTER DASTAR
Graeme W. Austin
New York University Annual Survey of American Law
Volume 61, Number 2, 2005 p.111

Tokyo High Court, Judgment, May 28, 2003
Japanese Yearbook of International Law
Volume 47, 2004 p.218

Copyright — Substantive Characterization of Contract under the Governing Spanish Law — Spanish cessión — Cession in Trust in Spanish Law — Internal Relationship — External Relationship — Mandate — Civil Code of Spain — Law Applicable to Obligation — Law Applicable to Transfer of Quasi property Rights — Law Applicable to Copyright — lex loci protectionis (Law of the country in which Protection Is Claimed) — the Berne Convention for the Protection of Literary and Artistic Works — the Paris Convention — Japanese Law of Copyright — Opposability — Registration

DASTAR CORP. v. TWENTIETH CENTURY FOX FILM CORP.: WIDENING THE GAP BETWEEN UNITED STATES INTELLECTUAL PROPERTY LAW AND BERNE CONVENTION REQUIREMENTS
Teresa Laky
Seton Hall Journal of Sports and Entertainment Law
Volume 14, Number 2, 2004 p.441

BURN BERNE: WHY THE LEADING International copyright CONVENTION MUST BE REPEALED
Alan Story
Houston Law Review
Volume 40, Number 3, Symposium 2003 p.763

MORAL RIGHTS PROTECTION IN THE UNITED STATES UNDER THE BERNE CONVENTION: A FICTIONAL WORK?
Natalie C. Suhl
Fordham Intellectual Property, Media & Entertainment Law Journal
Volume 12, Number 4, Spring 2002 p.1203

DIGITAL DISSEMINATION OF CULTURAL INFORMATION: COPYRIGHT, PUBLICITY, AND LICENSING ISSUES IN CYBERSPACE
Marilyn Phelan
Southwestern Journal of International Law
Volume 8, Number 1, 2001-2002 p.177

This article addresses copyright, publicity, and licensing issues that cultural institutions must consider when they disseminate digital images over the Internet. It addresses copyright issues through a review of the U.S. Copyright Act, the Universal Copyright Convention, the Berne Convention, and the WIPO treaty, to determine the extent of international protection for cultural institutions as they reproduce their collections for transmission to a worldwide audience. Section II applies copyright laws to the electronic age. Section III presents means to protect an artist’s moral right in Internet downloading. Section IV addresses problems relating to locating an Internet infringer and determining the proper forum and choice of law for an infringement claim. Section V presents difficult questions regarding protection and potential liability outside copyright law, such as right of privacy, publicity, and unfair competition. Section VI explores alternative means of protection through licensing of digital images.

Great Britain and the Signing of the Berne Convention in 1886
Lionel Bently & Brad Sherman
Journal of the Copyright Society of the U.S.A.
Volume 48, Number 3, Spring 2001 p.311

Finding a Conflicts Issue in International copyright Litigation: Did the Second Circuit Misinterpret the Berne Convention in Itar-Tass?
David E. Miller
Cardozo Journal of International & Comparative Law
Volume 8, Number 2, Summer 2000 p.239

Author: international

Mentioned in these Entries

Berne Convention, EU Copyright Directive, International copyright, Treaties, country.